Axiom Advocates Commercial Law Practice Group
Thursday 19th May 2016 from 3pm
The Scotsman Hotel, Edinburgh
Axiom is delighted to invite you to an event dedicated to Commercial Law on Thursday 19th May 2016 at the Scotsman Hotel, from 3pm. The programme for the event, chaired by Ross McClelland, will be as follows:
3:00pm Welcome, coffee and tea
3:15pm James Mure QC
3:45pm Lorna Richardson, Edinburgh Centre for Commercial Law
4:15pm Garry Borland QC
4:45pm Elisabeth Roxburgh, Advocate
5:15pm Wine and canapés
James Mure QC
“EU law and remedies against the state”
James Mure QC will discuss how companies have used their rights under EU law to obtain remedies against the state.
Lorna Richardson, Edinburgh Centre for Commercial Law
“The forgotten facet of retention: re-introducing special retention”
Compensating liquid claims against each other and retaining performance due to a breach of contract by one’s contracting partner, on the basis of the mutuality principle, are generally well understood. Less well understood is the “forgotten” facet of retention of performance – special retention. Special retention allows A to withhold payment of a liquid claim due to B on the basis of an illiquid claim A has against B despite A’s claim being unrelated to B’s claim. This presentation will consider the scope and limits of special retention and will provide some practical advice on matters to consider if a defence of special retention is being pled.
Garry Borland QC
Neuberger v Hoffmann – the battle over the correct approach to contractual construction and to implied terms – Garry Borland QC will examine recent case-law from the Supreme Court which indicates a significant shift in emphasis in the approach to be taken to contractual construction, and, separately, implied terms in contract.
Elisabeth Roxburgh, Advocate
"Protected Trust Deeds and claims for PPI"
Elisabeth Roxburgh will focus, in particular, on the conflicting decisions in Donnelly v Royal Bank of Scotland plc and Dooneen Ltd v David Mondwil.
This event is open to practising solicitors, is free of charge, and is eligible for CPD.
Please be aware that space is limited and places may have to be allocated on a ‘first come, first served’ basis. If after booking you subsequently cannot attend, please do let us know in order to avoid disappointment for others.
Please note this event is now fully subscribed and a reserve list is in operation. Please email Colleen Adams if you wish to be placed on the waiting list for this event firstname.lastname@example.org